Radiculopathy & sciatica decisions — 2020

The Board has granted service connection for right shoulder radiculopathy, but denied service connection for an upper back disability.,Service connection was granted for the Veteran's right shoulder radiculopathy as secondary to his service-connected cervical spine disability.

The Veteran's headaches are currently rated as 30 percent disabling, but the evidence does not support a higher rating due to very frequent prostrating attacks.,The Veteran’s lumbar spine disability is currently rated as 20 percent disabling. The evidence shows that his pain and limitation of motion do not warrant a higher rating.

The Veteran's service-connected left and right lower extremity peripheral neuropathy of sciatic nerve have been granted initial ratings of 10 percent each, effective July 23, 2013.,Service connection for chronic renal disease was also granted with an effective date of October 8, 2013.

The Board has remanded several issues related to the Veteran's spinal and nerve conditions due to outstanding VA treatment records and conflicting evidence regarding the nature and severity of his right lower extremity neuropathies.

The Veteran's lumbar spine disability and associated radiculopathy are being remanded for further evaluation as the current evidence suggests a worsening of his condition.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including back disability, bilateral leg disabilities, right foot and ankle disabilities, right elbow and wrist disabilities, left rib fracture, neck disability, scalp laceration, and migraine headaches. The claims are being remanded for these purposes.

The Veteran's service-connected disabilities do not prevent him from securing or maintaining substantially gainful employment. The Board finds the evidence does not establish unemployability.

The Veteran's lumbosacral spine condition is rated at 40% effective June 30, 2020. His right and left lower extremities neurological disorders (sciatica) are each rated at 20%. The ratings reflect the severity of his symptoms and functional limitations.

The Veteran's back disability is characterized by forward flexion limited to 25 degrees, falls, and frequent flare-ups of pain that require prolonged bedrest. The Board has granted a rating of 50 percent for degenerative disc disease on an extraschedular basis.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including scheduling of VA examinations.

The Board has dismissed all issues on appeal due to the appellant's withdrawal of all claims.

The Veteran's claim for an effective date earlier than September 13, 2012 for the grant of a TDIU rating and DEA benefits under 38 U.S.C. Chapter 35 was denied as there is no evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.,The Veteran's combined disability ratings did not meet the threshold criteria for consideration of a schedular TDIU rating prior to September 13, 2012. However, VA policy allows for an extraschedular TDIU rating if the evidence shows he was unemployable due to service-connected disabilities.

The Veteran's TDIU claim prior to August 20, 2014 is denied as he was not precluded from securing or following substantially gainful employment.,DEA benefits were denied prior to August 20, 2014 due to the absence of a timely NOD with respect to the July 2013 rating decision for right lower extremity radiculopathy.,The Veteran's claim for an earlier effective date for his 40% rating for right lower extremity radiculopathy prior to July 30, 2008 is denied as no new and material evidence was received within one year of the November 2007 or May 2008 rating decisions.,The Veteran's claim for an earlier effective date for his 40% rating for left lower extremity radiculopathy prior to June 18, 2014 is denied as no new and material evidence was received within one year of the October 2014 or October 2015 rating decisions.

The Veteran's diabetes mellitus, coronary artery disease (CAD), and peripheral neuropathy of the lower extremities have been granted effective as of March 18, 2013.,The Board has remanded several issues for further development including an earlier effective date for service connection for peripheral neuropathy of the lower extremities.

The Board has remanded the Veteran's claims for diabetes mellitus, type II and associated peripheral neuropathy due to outstanding medical records that need to be obtained and reviewed by a VA examiner.

The Veteran's lumbar degenerative disc disease with radiculopathy of the right leg is being remanded for further review due to incomplete medical records and an inadequate examination.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated at 10% prior to January 26, 2012, and at 20% since March 1, 2012. The left lower extremity radiculopathy, cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy were all rated at 20%. An effective date prior to November 3, 2011, for the increased evaluation of lumbar spine disability was denied. The extension of a temporary total rating for convalescence following lumbar spine surgery beyond March 1, 2012, was also denied.

The Veteran's appeal for a higher rating for his service-connected left shoulder dislocation with rotator cuff tear, lumbar spine disc disease, and related conditions was denied. The Board found that the current ratings adequately reflected the severity of these disabilities.

The Veteran's claims for service connection for left lower extremity radiculopathy and foraminal stenosis and degenerative disc and joint disease of the lumbar spine have been granted with an effective date of July 8, 1994.

The Board has reopened the claims for service connection for a back disability and hemorrhoids, but has determined that further development is needed to address the remaining issues of service connection for lumbosacral spine disability, left leg disability (including radiculopathy and leg shortening), forehead scar, and psychiatric disability. The decision on these issues will be remanded.